The practice of taxing church property while exempting other nonprofit groups appears to violate the “no special burden” principle of the free exercise clause. The Supreme Court case of Walz v. Commission charted a course between the free exercise and establishment clause. The Court argued from neutrality, separatism, and history to state that tax exemption of church property is part of an unbroken national tradition. However, the Court’s neutrality argument does not address constitutionality, its separatism argument is contrived, and historically, only established religions have been exempt from taxation.

Past tax exemptions are rooted in two traditions: the common law adopted from England that granted exemptions to established churches, and the equity law tradition that granted exemptions to all churches. The common law tradition was restricted to certain types of church property of established churches, and the exemptions could be put on hold during times of emergency. The equity tradition gave churches another chance; ecclesiastical and charitable organizations could be tax exempt.

These traditions continued uninterrupted in the early American republic. Three provisions ultimately provided ground for a challenge to the tax exemption of church property. The disestablishment of religion undercut the authority of officials to prefer one religion over the other. The truncation of the equity tradition removed the equitable privileges given to charities. Finally, equal and uniform taxation was considered a basis of American life.

In modern theory, churches are seen as beneficial to society because they promote public morality, charity, and education. The law of equity is now based in statutory schemes or state constitutions, but the religious use of property is key to its tax exempt status. In the future, courts must find a via media between the eradication of exemptions and blanket endorsements.

El conocido Decreto de 29 de junio de 1707 por el que Felipe V abolía "los fueros, privilegios, practica, i costumbre" de los Reinos de Aragón y Valencia, para que se rigiesen, desde entonces, por las "Regalias, Leyes, Práctica, Ordenanzas, i costumbres" de las Chancillerías castellanas, contenía una importante excepción: "las controversias, i puntos de Jurisdicción Eclesiástica, i modo de tratarla, que en esto se ha de observar la practica, i estilo, que uviere avido hasta aquí". La razón, en la explicación de Melchor Rafael de Macanaz (1670-1760), era que: "Es principio sentado en Aragon (lo mismo que en Cataluña y Valencia) que los Señores Reyes de su corona tienen la suprema jurisdicción, y no reconocen superior en los temporal por haber conquistado estos reinos de los sarracenos; 1 El presente trabajo se inscribe en el marco del Proyecto SEJ 2005-4672/JURI.

This paper deals with the relation between God and the secular legal systems of Western liberal democracies. It provides a normative argument for the compatibility of God and secular legal reasoning. In our age, in which believing in God is no longer socially axiomatic and the right to religious freedom protects all kinds of theistic and non-theistic religious beliefs, creeds, and first philosophies, it seems contrary to religious neutrality for secular legal systems to single out God. This paper instead argues that, although God and religion are inextricably intertwined, they affect the legal system in different ways because they are ontologically different. God cannot be reduced to a mere component of theistic religion. This paper argues that a proper understanding of secularization might call for keeping God outside the legal system but not for driving God out of the public sphere of democratic societies. Secular legal systems are not atheist legal systems. Secular legal systems are legal systems 'without religion' but not 'without God.' Secularization implies some degree of minimal recognition of God as a metalegal concept. The specific degree of recognition of God appropriate for any given political community depends on its cultural and communitarian identity and should be subject to the rules of democratic procedures and majorities. This is the metalegal God.

The Jamaican government reconsidering the Obeah Act in the summer of 2019 highlighted the legacy of prejudice and criminalization of Africana religious systems and practices left by colonization across ethno-linguistic borders and the broader Black Atlantic. It also highlighted how some traditions such as Béninois Vodun, Candomblé, Santería, and oriṣa worship in parts of Nigeria have successfully managed to combat state policing and prejudice to gain official recognition and legal protection. However, this article analyzes the way even the legal and conceptual success of Africana religions in the modern world places them in a Catch-22. Drawing attention to the fundamental differences between modern conceptions and assumptions of what constitutes “religion,” the article traces the history of how modern political and legal structures either exclude and oppress Africana traditions or exert subtle pressure on them to conform to conceptions of “religion” that are more intelligible and ac...

In Islam, most political and religious reform movements invoke a return to the Tradition supposedly initiated by Muḥammad in the Seventh Century. The Almohads are no exception to the rule, but they go further still: the Muslim West frees itself from the Eastern model of Islam. Legitimising his autoreferential sovereign power, ʿAbd al-Mu’min, the first Caliph of the Almohad Berber dynasty, deploys all the resources available to him: material, ideological and symbolic, regardless of mutual contradictions. Remaining faithful to the Omeyyad Caliphate tradition, he transfers the administrative capital of al-Andalus from Seville to Cordoba; he ascribes to the “unruly” Arab tribes their original mission: propagating Islam; and, most importantly, he invents a religious relic, a copy of the Qur’ān, attributed to ʿUṯmān b. ʿAffān, the third “well guided” Caliph of Islam and “writer” of the definitive Revelation text, a relic to which he reserves a genuine cult, crucial to the ideology of power which he is instigating. Henceforth, in an eschatological context, the entire Muslim West, centered on the Almohad dynasty, becomes the new cradle of the Divine Word.

The Relationship of Law to Society in Deuteronomy:
“The Draft Constitution” (Deut 16:18–18:22) as an “Ideal Type”

This article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law.  The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text—the “Torah”—that delineates their jurisdiction while also ensuring their autonomy.  This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law.  This legislation departs from all previous models, whether those extant in the legislation of the ancient Near East or ancient Israel itself.  Two of its cornerstones are fundamental to the modern idea of a constitution: (1) clear division of state powers into separate spheres of authority; and (2) the subordination of each branch to the authority of the law.  This legislation was so utopian that it seems never to have been implemented; instead, idealism rapidly yielded to political pragmatism.  Nonetheless, Deuteronomy’s draft constitution makes a powerful statement about the broader function of law within society, while also providing a corrective to the secular and Graeco-Roman bias of more standard models of constitutional legal history.

This essay interrogates the legal discourse of Shulḥan ha-Tahor, a curious-and curiously understudied-work of Hasidic halakhah written by Rabbi Yitzḥak Ayzik Yehudah Yehiel Safrin of Komarno. The book is, at heart, a systematic reformulation of Jewish law in light of Kabbalah, Hasidism, and the quest for personal mystical experience. Shulḥan ha-Tahor offers a rare case study for the interface of mystical experience , Hasidic devotional values, and kabbalistic doctrine as they explicitly shape the codified forms-and norms-of halakhah. The essay reveals a different side of Jewish modernity through a close reading of an exceptional nineteenth-century legal code.

After World War II human dignity successfully made its way into many constitutions and international treaties, as well as EU law. Yet, since it was not an entirely new concept, it should not be taken for granted that before 1945 it was quite irrelevant to Law. Its original roots can be found in the Judeo-Christian tradition, while its recent development comes mainly from the influential Kantian vision. Besides that, the latest philosophical and anthropological trends, the recent ‘politicisation’ of the human being, along with some developments in biotechnology, have brought dignity to the fore. However, we suggest that writing down dignity into legal texts, even in constitutional texts, does not fully settle the problem, as some relevant judicial decisions show.

For some years now, religious symbols have been a conflictive issue in Western countries. Legal and social issues concerning religious symbols were in the past but an anecdote. However, with the beginning of the XXI century they have become quite frequent and demand the attention of politicians and lawyers. The Law has faced with a vein of practical problems at the national, regional and international levels. The complexity of the matter, the disparity of cases that have been raised, the importance of Comparative law in this subject, etc. evidence that the legal study of religious symbols has become an specific field. This work is based on three basic elements of analysis. The first is the concept and morphology of religious symbol. The other two elements of study focus on the context in which the symbol is presented: the physical or immaterial "space" and the "people" carrying religious symbols. From these two elements -spaces and people- various situations with unique characteristics determine the specialty of each issue.

espanolQuien se pregunte por el fondo de la actual crisis politica y economica espanola detectara, en primer lugar, una serie de causas politicas en el mismo sistema electoral, que favorece una partitocracia con insuficiente division de poderes; sin olvidar el papel de la Union Europea. Pero si profundiza, posiblemente termine dando con un cambio antropologico, a cuyo lado los cambios institucionales o legales son importantes, pero menores. Con ese proposito se analiza la actuacion de la Conferencia Episcopal Espanola frente al papel fundamental de la religion Catolica en la sociedad espanola. Este ensayo no esta escrito desde la Teologia, sino desde la una vision juridica de un constitucionalista que intenta entender que pasa hoy en Espana, mas que nada a base de tomar distancia y aplicar el sentido comun. EnglishAnyone who asks about the background of the current Spanish political and economic crisis will first detect a number of political causes in the same electoral system that ...

Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent's religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for "spiritual custody," for the law can protect them only when the risk of harm is already substantial. Indeed, the bar is set so high that few courts have found circumstances that satisfy the harm standard. In this essay, I argue that a strict scrutiny standard has no place in spiritual custody cases. It is hardly consistent with the basic principle that the custody court's paramount consideration is the best intere...

У статті наведено результати дослідження правосуб’єктності релігійних організацій, виявлених їх особливостей, а також викладено пропозиції щодо вирішення проблем, які виникають при практичній реалізації релігійними організаціями своєї правосуб’єктності. Встановлено, що спеціальна правосуб’єктність релігійних організацій передбачає, що діяльність таких організацій
визначаться і обмежується метою їх створення. Обґрунтовано, що релігійні організації можуть володіти на праві власності різним майном, у тому числі культового характеру, а також отримати таке майно у користування. Водночас проблема повернення церкового майна чи виплати за нього справедливої компенсації залишається актуальною. Саме тому на рівні держави необхідно розробити чіткий план, що передбачав би ґрунтовний аналіз майна, яке підлягає поверненню релігійних організацій, із зазначенням конкретних часових рамок повернення або виплати компенсації.

After the terrorist attacks of September 11, 2001, most legacy airlines filed for bankruptcy protection as a way to cut costs drastically, with the exception of American Airlines. This article applies the Principle of Double-Effect to the act of filing for Chapter 11 bankruptcy protection for reasons of management strategy, in particular, cost-cutting. It argues that the Principle can be a useful tool for discerning the ethicality of the action, and demonstrates the usefulness by proposing three double-effect criteria that, when fulfilled, argues for the ethical justifiability the action in question.

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature* The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature Introduction.-I. The principles of marriage, matrimonial consent and nullity of marriage in Canon Law.-II. The ordinary process of a declaration of nullity of marriage. The enhancement to the Code of Canon Law by the Instruction Dignitas connubii.-1. Summary of the principal functions of the Dignitas connubii.-2. Connections of Dignitas connubii to can. 1095 of the Code.-Ill. Recent Rotal Jurisprudence and the Dignitas connubii.-1. Doctrine and case law.a. Grave defect of discretion of judgment.-b. Incapacity to assume the essential obligations of marriage.-2. Recent Rota! Jurisprudence.-a. Lack of discretion of judgment.-b. Incapacity to assume the essential obligations.-Conclusion. 2 Aristotle argued that, in order to understand an object, especially changes that the object might undergo, one has to understand its four causes. According to Aristotle, the efficient cause of an object is "the source of the first begjnning of change or rest" (ARISTOTLE, Metaphysics, book 5, section 1013a, trans. H. Tredennick, London 1989).

Socio-Historical Examination of Religion and Ministry (SHERM) is a biannual, not-for-profit, peer-reviewed academic journal that publishes the latest social scientific, historiographic, and ecclesiastic research on religious institutions and their practices. SHERM is dedicated to the critical and scholarly inquiry of historical and contemporary religious phenomena, both from within particular religious traditions and across cultural boundaries, so as to inform the broader socio-historical analysis of religion and its related fields of study.

In partnership with the FaithX Project, SHERM is a full, no-fee, open access academic journal, which means it publishes and publicly makes available your research without charging subscription dues or publishing fees. Whereas other open access journals still require authors to pay for making their publications available, SHERM believes in making high-quality scholarship accessible to the public while promoting the wide dissemination and visibility of your published article. Our goal is to increase the opportunity for erudite academicians to publish their work, gain a larger readership outside the confines of conventional journals, and receive citations from future researchers.

""An unexpected gem. An innovative book which explores the everyday lived reality of Muslim minorities in Hong Kong. The contemporary focus is framed by a fascinating history of South Asian Muslims which reaches back into the early 19th century. This beautifully wrought study sheds a great deal of light on a range of issues impacting Muslim minorities: from the extent of hybridity—adapting basketball spaces to cricket—to the challenge of eating halal in a culinary culture where pork is ubiquitous! Young Muslims in Hong Kong face racism and their inability to access Chinese language schools has huge implications for employment and social mobility. However, Islam is respected and they are not seen through a security lens. In all, a hopeful study." —Philip Lewis, author of Islamic Britain and Young British and Muslim

"There has long been a need for a book-length account of Muslims in Hong Kong; this readable and informative book admirably fills this void. Anyone interested in how Muslims make their lives and practice their faith in the Chinese city of Hong Kong should definitely read it." —Gordon Mathews, author of Ghetto at the Center of the World: Chungking Mansions, Hong Kong

"In this insightful and fascinating book, O'Connor walks us through the bustling streets of Hong Kong where space, civility, hope and freedom are created every day by the territory's diverse Muslims. It provides a rare glimpse into an imperfect, but perhaps 'good enough' cosmopolitanism, lived in the schools, homes, shops and lives of ordinary people. Amidst the worry and panic about young Muslims in diaspora as either problems or victims, this is a refreshing and much-needed account of the valuable ways a global city deals with difference. An essential text for scholars and students of youth, diversity and contemporary multiculturalism." —Anita Harris, author of Young People and Everyday Multiculturalism

More than a quarter of a million Muslims live and work in Hong Kong. Among them are descendants of families who have been in the city for generations, recent immigrants from around the world, and growing numbers of migrant workers. Islam in Hong Kong explores the lives of Muslims as ethnic and religious minorities in this unique postcolonial Chinese city. Drawing on interviews with Muslims of different origins, O’Connor builds a detailed picture of daily life through topical chapters on language, space, religious education, daily prayers, maintaining a halal diet in a Chinese environment, racism, and other subjects. Although the picture that emerges is complex and ambiguous, one striking conclusion is that Muslims in Hong Kong generally find acceptance as a community and do not consider themselves to be victimised because of their religion."

The algorithm "judge" faces the religious phenomenon -The paper aims to highlight possible issues related to judicial applications of Artificial Intelligence and religion, starting from the specific case of content moderation in social media.

The idea of State secularity—which needs to be distinguished from secularism—has never been easily accepted in Poland. The main reasons for that are the Polish experiences from the past, such as the traditionally strong position of the Roman Catholic Church and the episode of anti-religious oppression under communist rule, as well as the religious composition of the society, marked with the predominance of Roman Catholicism. This explains why the makers of the Polish Constitution of 1997, while adopting all the key features of the secular State, decided to avoid terms already known to the legal science; as a result, independence was mentioned instead of separation and impartiality instead of neutrality. However, using innovative terminology has its price, as it opens the Constitution to many conflicting interpretations, some of them being rather hostile to the idea of State secularity. Over the years, the constitutional practice has revealed a strong tendency to depart from that model by questioning the Polish secularity and/or adding more and more exceptions to it. The question remains open whether at some point the exceptions can annihilate the rule.

Préface de l’ouvrage d’Eric Roux France 2012 : Inquisition en Bande Organisée, publié aux éditions Les 3 génies en 2012 (ISBN 978-2917952108), écrite par Michel de Guillenchmidt.

Michel de Guillenchmidt est doyen Honoraire de l’Université Paris-Descartes, professeur émérite et Conseiller d’Etat honoraire. Il a exercé plus de vingt ans au Conseil d’Etat et au sein de cabinets ministériels avant de devenir Professeur des facultés de droit et avocat.

A special note of appreciation is due to Monsignor Juan Jos& Garcia Failde for his express permission for the use of the materials in his books for this Article. The Author wishes to give thanks to Miriam Olivares, research assistant, for her valuable contribution to this Article.

Religious Laws and Freedoms in Contemporary Poland: Legislation and the Sociocultural Reality in the Republic of Poland

The work at hand comprises a multifaceted analysis of religious rights and freedoms in Poland after the post-1989 political transformation. Its multidimensionality is anchored in a presentation of the legal state of affairs, yet expanded to encompass a range of determinant sociocultural factors, as well as a verification of the actual condition of religious rights based upon testimonies by religious minority representatives themselves. The book consists of three parts. In the first chapter, elementary rights and freedoms that fall within the realm of denominational law have been presented – above all, a guarantee of freedom of conscience and religion as well as the official equality of all denominations. This section of the volume is focused on the analysis of denominational law currently in effect in Poland, starting from legal acts of the highest order (e.g., constitutional or international law), through statutory law, and including acts of the lowest order (e.g., regulations and dispositions). Apart from more general laws, also presented here are detailed regulations describing the relations between the state and specific religious associations. In the case of the Roman Catholic Church, the Concordat serves as one example; some of the other churches have entered into separate legal agreements. The Polish state model is described with respect to religious denominations: a separation amenable to the maintenance of institutional relations. The second chapter outlines different factors that strongly bear on the situation of certain churches and religious associations. Firstly, it relates to the statistical structure of denominations with the causes and effects of this structure for the situation in Poland. Secondly, it points to historical events that influenced the current situation as well as the consciousness and identity of Poles. Thirdly, it explains denominational politics after 1989, with its priorities, advantages, and failures. Finally, it presents the characteristics of global and international processes that influence the situation of religions in Poland. These include globalization, secularization, modernization, liberalism, and the emergence of new religious movements. In the third chapter, the attitudes of various religious minority representatives are expounded with regard to the legal resolutions that the state has accepted as well as their practical implementation. The primary source for this analysis was religious press articles. Among the most common topics appearing therein are the Polish constitution, attitudes towards the European Union, the Concordat, statutory laws, religious education in public schools, as well as ecumenism and inter-religious relationships. The selection of these aspects from among many was determined by the prevalence of recisely these problems in religious minority print media. Similar criteria were applied in the selection of periodicals: 'Zwiastun' from the Lutheran Church, 'Jednota' from the Polish Reformed Evangelical Church, 'Słowo Prawdy' from the Christian Baptist Church, and 'Przegląd Prawosławny' from the Polish Orthodox Church. Religious rights and freedoms in contemporary Poland constitute an incredibly complex issue. The legislation is maintained within international standards. Its sociocultural, real implementation, however, is at times constrained by certain difficulties arising, among other things, due to a lack of training among government officials or sluggishness in legal procedures. The nearly monolithic (Roman Catholic) denominational structure organically affects the potential for implementing certain religious minority rights despite the fact that the basic principles do remain the same for everyone.

This article seeks to demonstrate both the importance of expertise and scholarship in framing a religion’s claim of legitimacy in law, and how expertise can be harnessed by a religious group to gain this legitimacy. From a broad overview of the consequences of religious status in law, the article analyses the tests used to attribute the status, to show the crucial role that their application affords to experts and scholarship. It then argues that new religious movements, and Scientology, are ideal case studies to illustrate the importance of scholars and scholarship. Scientology is indeed the only major religion to have emerged in the twentieth century and is unique in that it has, over this period, gained, lost, re-gained, and grappled with ongoing challenges to its status in law. The article then illustrates these issues with an analysis of two key periods from Scientology’s history: its ultimately successful fight to gain tax-exempt status in the United States in the 1980s, and its response to modern-day challenges to this status. Both periods illustrate, in different ways, how Scientology has recognised the power of expertise and scholarship, and sought to harness it to frame its claim of legitimacy in law.

Borrowed from a psychological theory, the principle of ‘separation-individuation’ refers to a developmental phase in which a subject develops sense of differentiation from her past or present origins and sense of autonomous selfhood and independency. The article suggests viewing the typology of anomist and legalist religions not as a consistent phenomenology but rather in relation to the above principle and the need to differentiate and create a religious self-identification.

This article defends the claim that both the state and religious communities can create their own legal systems, and in this sense general legal theory must analyze the concept of the law and the significance of coercion as one of its necessary char concluding part of the article presents the problem of normative conflicts between state and religious law as a natural consequence of two competing claims to norma law and religion, concept of law, secular state, religious law, legal **

As the theory of multiple modernities began to question the uniform transformation and conversion of all modern societies, several culturally specific definitions of secularism/laïcité by modernising elites were already prevalent in different nation states in the non-Western world. Although the Turkish constitution of 1928 was the first to set up a secular state and to explicitly define laïcité, as Talal Asad and others have noted, de facto secularisation in the form of control and definition of religion by the state had already been ongoing for the better part of a century.

The United States has long grappled with the question of how to maintain an appropriate combination of religion and politics in the public sphere. The current electoral cycle is no different, as Presidential candidates attempt to negotiate both the political and religious landscapes. This essay introduces a special forum on rhetoric and religion in contemporary politics and touches on some recent instances of how religious differences have played out in the current political environment. Some of the issues discussed include the separation of church and state, Mitt Romney’s membership in the Church of Jesus Christ of Latter-day Saints (Mormons), Rick Santorum’s conception of the “war on religion,” and the controversy over contraceptives at religious institutions and Rush Limbaugh’s attacks on a Georgetown law student.

The case of Lautsi v. Italy, better known as the “Crucifix Case,” is a particularly significant case. Its significance is not only political and legal, but also religious. Never before in the history of the European Court of Human Rights and the Council of Europe has a case raised so much public attention and debate. The debate regarding the legitimacy of the symbol of Christ’s presence in Italian schools is emblematic of the cultural crisis in Western Europe regarding religion. Twenty-one State parties to the European Convention on Human Rights, in an unprecedented move, joined Italy to reassert the legitimacy of the public display of Christian symbols in European society. The Court finally recognized, in substance, that in countries of Christian tradition, Christianity enjoys a special social legitimacy that distinguishes it from other philosophical and religious belief systems. In other words, because Italy is a country of Christian tradition, Christian symbols may legitimately enjoy greater visibility in Italian society than other religious or ideological symbols.

Bradley, James. 2020. “Canon Law and Political Discourse: What the Church Can and Must Offer Politics.” Ius & Iustitium (blog), 24 August. https://iusetiustitium.com/canon-law-and-political-discourse-what-the-church-can-and-must-offer-politics/.

En lo que se me alcanza, la presencia de autores españoles en el ámbito académico internacional es una realidad consolidada. No es infrecuente encontrar en revistas jurídicas de otros países artículos -en inglés, italiano y alemán, francés y portugués, sobre todo-en los que se da cuenta de aspectos parciales del Derecho eclesiástico español o se ofrece a lectores extranjeros una introducción al sistema español de relación entre el Estado y las religiones presentes en el país. Añádase a este tipo de iniciativas la extensa bibliografía de comparación sectorial en los países de la Unión Europea, que ha promovido a lo largo de los años el European Consortium for Church and State Research, en la que han intervenido destacados profesores de nuestro país, y obtenemos un panorama bastante ajustado a la iniciativa doctrinal dirigida a dar a conocer fuera de nuestras fronteras y en otros idiomas el contenido del Derecho eclesiástico del Estado español.

In this submission to the consultation on the RVE guidance, I argue that clarity is required in respect of the following seven issues:  (1) The place of RVE within the Humanities AoLE given that it is a statutory requirement
(2) The position of the opt out for teachers
(3) The nature of RVE in schools with a religious character where it is taught in accordance with trust deeds or ethos
(4) The definition of RVE
(5) The definition of religion
(6) The definition of philosophical convictions
(7) The position of sixthformers

Cambridge University Press, 2011.

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.

Religious sites, either as places of pilgrimage or as cultural resources, have always attracted the tourists’ interest. The tourist value of religious areas is enhanced when these are combined with a special natural beauty. These choices are identified in
many regions both in Greece and abroad and concern different religions and doctrines. The monasteries of Meteora, Mount Athos, St John the Theologian in Patmos etc. are indicative examples in Greece.
The protection of the sacred areas has drawn the attention of the Greek State which has adopted a special legal framework to protect the sacred sites, the monuments, the heirlooms and the treasures. This regulatory framework is composed of laws concerning specific regions, both continental and insular. There is similar legal protection in other countries as well.
This study examines the special legal framework governing the sacred places of Greece and at the same time treats the question often raised when conflicts arise between the religious character of the place –pilgrimage- and the cultural character of the place –cultural interest leading to religio-cultural tourism. In other words, there is a question whether the sacred nature of the place complies with its cultural nature and to what extent cultural tourism affects the pilgrimage in sacred places with an active
religious activity. There is also a question whether the implementation of restrictions and restraints on sacred places and sites and the reduction of disturbances from the “hordes” of tourists are practically possible.
The answers to these questions vary according to the perspective and the position of the person who examines the issue, namely according to what they consider prevalent: the pilgrimage character or the cultural character. In any case, by
establishing the sacred nature of the place, the legislator tries to make the two elements compatible. However, the achievement of this goal depends on those who enforce the law.

Balancing between sex equality and religious interests has been a challenge for Israel’s constitutional law from the state’s inception. In recent years, however, the expanding repertoire of practices known as women’s exclusion has brought forth this tension with new formulations, intensity, and public sensitivity. This article maps the three decades of Israel’s High Court of Justice (HCJ or “the Court”) adjudication on women’s exclusion. The modesty requirements and sex-based physical segregation that have become rampant in Israel, require re-articulations of the scope and status of the right to equality, as well as other constitutional rights such as dignity and liberty. The thirty-year database compiled for the purpose of this article encompasses all women’s exclusion cases decided by the HCJ. The database was built based on a novel definition of women’s exclusion cases as a legal field, developed and explained in this article. The database reveals what might be defined as diminishing constitutional adjudication. In the nineteen nineties, the Court has labored in elevating sex equality, developing a doctrinal structure that guards it against religion-based demands to legitimize exclusion norms. In contrast, in the past decade, the Court has almost completely refrained from reviewing cases on the merit or writing reasoned opinions, adopting ad-hoc problem-solving approaches or taking dispute resolution approaches prompting the parties to find compromise, without delineating the legal framework that should guide the disputes.